Facts

This action arose out of defendants Paul Jurich and Desert Outdoor Advertising Inc.'s construction and maintenance of an outdoor advertising sign on Jurich's property in the city of Oakland. Based on defendant's application which incorrectly represented that the sign was an "on site sign" not visible from the freeway, the city of Oakland issued a permit to construct the sign.

Plaintiffs alleged that defendants constructed and maintained the sign in violation of the Oakland Municipal Code, section 14.04.270 (the "Sign Code") because the sign was an advertising sign designed to be visible from the freeway and it did not relate to a business on the premises where the sign was located.

Plaintiffs sued defendants for Intentional Misrepresentation, Nuisance and Unlawful Business Practices (Bus. & Prof. Code section 17200). Prior to trial, the court granted plaintiffs' motion for summary adjudication on the nuisance claim. Plaintiffs chose not to pursue the intentional misrepresentation claim at trial.

Defendants denied liability and claimed that the Oakland Sign Code was unconstitutional.

Result

The Court held that defendant Desert Outdoor Advertising, Inc. violated the Oakland Sign Code and entered judgment against Desert Outdoor Advertising Inc. and in favor of plaintiffs. The Court imposed penalties in the amount of $114,000 per Business and Professions Code section 17206(b), $43,600 per Business and Profession Code section 5485(b)(2) and $263,000 per Business and Profession code section 5485 (c) for a total award of $420,600. Further, plaintiffs were awarded reasonable attorney's fees and costs per Business and Professions Code section 5485(e). The Court entered judgment in favor of defendants on the intentional misrepresentation claim.

Length

4 days